My will is worded to leave nothing to my son, and any of his heirs. I’ve heard that they can contest if you leave nothing, but if you leave as little as a dollar, they can’t contest it.
ANSWER BY MARGARET CROSS-BELIVEAU:
A will can include a no contest provision which states that if any beneficiary contests the bequest is forfeited by the beneficiary. This works well if you leave a substantial amount to the beneficiaries. Leaving the dollar is the same as leaving nothing. It provides no incentive not to challenge a will because they will lose nothing. Keep in mind that challenging a will is not easy. They would have to prove that you were mentally incapacitated at the time you executed the will.
You should consult with an attorney if you think there may be a will challenge after your death.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration.
